Anyone ever been told they have to pay back DLA/PIP??? — Scope | Disability forum
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Anyone ever been told they have to pay back DLA/PIP???

johnjones7656
johnjones7656 Member Posts: 5 Listener
edited March 2018 in PIP, DLA, and AA
Hi, I've had my PIP reassessed and as a result they've also reassessed my DLA before that and have decided that I shouldn't have been getting DLA/PIP since 2005 and they'll be in touch about the money they've already paid me!!!!!!
Has anyone ever had this? What happened? How on earth am I meant to pay back 13 years of payments??

Comments

  • whistles
    whistles Member Posts: 1,583 Disability Gamechanger
    Pip isn't anything to do with DLA. 
    Are you referring to any of the premiums? 
    Do not follow me, I don't know where I am going.
  • johnjones7656
    johnjones7656 Member Posts: 5 Listener
    I was awarded DLA which has now changed to PIP....
  • whistles
    whistles Member Posts: 1,583 Disability Gamechanger
    I cant see how they can reasses DLA after moving you to PIP and reassessing PIP? 
    Can you explain it more. Have they had you on the wrong amount due to the award?

    Do not follow me, I don't know where I am going.
  • sandyp196
    sandyp196 Member Posts: 140 Pioneering
    How stressful. I had no idea they couod do something like this! Just when you think you've heard it all...
  • Nystagmite
    Nystagmite Member Posts: 603 Pioneering
    That doesn't sound right. The criteria has changed and generally speaking, peoples conditions have changed over time.

    I thought you could only be made to pay back if you were claiming fraudulently. 

    If this was me, I'd get some legal advice. 
  • lillybelle
    lillybelle Member Posts: 571 Pioneering
    This can’t be right. Some idiot has made a mistake
    I’m sure they can not expect you to pay back 15 yrs of DLA
  • mayfair
    mayfair Member Posts: 39 Connected
    I hope this is a mistake and that you don’t have to pay anything back
  • debsidoo
    debsidoo Member Posts: 325 Pioneering
    Hi johnjones7656
    I would contact DWP and ask them if they can offer an explanation.It may be that the letter isn’t worded very clearly and you have been denied pip.They will advise you on your next course of action.You shouldn’t be asked to repay 13 years of payments so don’t panic just yet.Pip is worked out differently to DLA so they are two separate issues.
            Debsidoo.x
  • Nystagmite
    Nystagmite Member Posts: 603 Pioneering
    debsidoo said:
    Hi johnjones7656
    I would contact DWP and ask them if they can offer an explanation.It may be that the letter isn’t worded very clearly and you have been denied pip.They will advise you on your next course of action.You shouldn’t be asked to repay 13 years of payments so don’t panic just yet.Pip is worked out differently to DLA so they are two separate issues.
            Debsidoo.x
    And ask for the their response in writing.
  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    Hi johnjones

    You need to get f2f advice on this asap. CAB or welfare rights or call the Scope helpline

    CR
    Be all you can be, make  every day count. Namaste
  • Pippa_Alumni
    Pippa_Alumni Scope alumni Posts: 5,799 Disability Gamechanger
    Hi @johnjones7656, I've forwarded your query on to Benefits Training Company who will hopefully be able to take a look at your post, but as CR says, it could be good idea to seek advice from Citizens Advice about this.
  • johnjones7656
    johnjones7656 Member Posts: 5 Listener
    Sorry to explain a bit more-they've decided that the criteria of my job at the time do not match the limitations of my illness! 
    Obviously they don't know the exact job specification nor the allowances I had in place to accommodate my illness at work. Problem is I'm worried with it being so long ago (2005) there's no evidence to support my case!!
  • lillybelle
    lillybelle Member Posts: 571 Pioneering
    You can work whilst claiming DLA and Pip so doesn’t matter
  • Nystagmite
    Nystagmite Member Posts: 603 Pioneering
    I would ask them for evidence to support their case that you were lying for all these years.
  • CockneyRebel
    CockneyRebel Member Posts: 5,217 Disability Gamechanger
    Ah now it makes sense
    Although you can receive DLA/PIP and work full time, you cannot do any kind of work that is contrary to the reason that you were awarded the benefit.

    For example, if you claim enhanced mobility it would be suspect if you then took a job delivering leaflets.

    Without the detail it is hard to tell. I still think you need assistane from a trained advisor asap

    CR
    Be all you can be, make  every day count. Namaste
  • mikehughescq
    mikehughescq Member Posts: 7,548 Disability Gamechanger
    You don’t need to evidence your case. They’re arguing that you’ve been overpaid DLA and it’s recoverable because of a failure to disclose or a misrepresentation. They have to make the case that there were both grounds for supersession and grounds for recovery and if you get decent advice they may founder on the supersession element. 
  • johnjones7656
    johnjones7656 Member Posts: 5 Listener
    Thanks-what do you mean by supersession?

    I am in the process of seeking legal advice.
  • mikehughescq
    mikehughescq Member Posts: 7,548 Disability Gamechanger
    Once more than a month has passed since the original decision, which clearly it has, it can only be changed if there are grounds to supersede it e.g. it was made based on ignorance of a material fact etc. If they can’t show grounds to supersede then their case for recovery is dead in the water. They have to show it and only then can they argue for recovery. So, for example, you should have had two separate decisions or at least one that covers both areas. If they make a supersession decision after first demanding recovery then they’re on thin ice. 

    They don’t have grounds if their argument starts with them claiming they didn’t know you were working. If they don’t know the exact requirements of the job nor any reasonable adjustments you had then it’s even harder for them to make a case. Old overpayment cases usually only stick if theres obvious fraud or the claimant fails to secure competent advice.  

    Unless they are also making a case for fraud then you don’t need legal advice. You just need welfare rights advice.
  • johnjones7656
    johnjones7656 Member Posts: 5 Listener
    Thanks everyone.
    its really difficult coz you do your best and go out to work then they try and penalise you like this!! It's not as if I was a window cleaner!! 
  • BenefitsTrainingCo
    BenefitsTrainingCo Member Posts: 2,628 Pioneering
    Hi johnjones7656

    As Mike has said there is nothing for you to evidence at this stage. If the DWP believes there is an overpayment and wants to recover it then the DWP must show that you have either "failed to disclose" or "misrepresented" a "material fact". In practice failed to disclose means you knew of something that you did not tell them. Misrepresented means you gave them information which was wrong.

    A material fact is one which affects your benefit entitlement. With disability benefits there are often disagreements about the facts (e.g. how far someone can walk). Such things are more often opinions rather than facts and are harder for the DWP to prove. The fact you were in work is not necessarily a "material fact". This is because work does not in itself disqualify you from DLA or PIP.

    Perhaps the most important thing to do right now is to check whether an actual decision has been made and if so on what date. If a decision has been made you should consider challenging it by way of a mandatory reconsideration in the first instance and this usually has to be done within one month, although it can sometimes be done late. If you need help checking this i suggest you take any recent DWP letters to your local advice service and request help challenging the decision.

    David
    The Benefits Training Co:
    Paul Bradley
    Michael Chambers
    Will Hadwen
    Sarah Hayle
    Maria Solomon
    David Stickland
  • shella
    shella Member Posts: 31 Courageous
    Hi, I've had my PIP reassessed and as a result they've also reassessed my DLA before that and have decided that I shouldn't have been getting DLA/PIP since 2005 and they'll be in touch about the money they've already paid me!!!!!!
    Has anyone ever had this? What happened? How on earth am I meant to pay back 13 years of payments??
    I would need a bit more information  before I can help.
    What I can say is they cannot reassess the DLA as PIP has nothing no ties to DLA. How did they reassess the DLA why are they saying you did not qualify they have to give you a reason did you tell them of changes that happened whilst you were Getting DLA  if you did then all is well but if you didn't that would be where the problem is if you did tell them or there was no changes in circumstances then you are not responsible for the so called over payment as you did not sit the assessor down and put a gun to his/her head lol
    this is just guess work I would write not phone and record deliver it and ask them for clarification on this matter and formally ask for all documents relating this.
    hope things have sorted them selves out wishing you the best
  • Yadnad
    Yadnad Posts: 2,856 Member
    Old overpayment cases usually only stick if theres obvious fraud or the claimant fails to secure competent advice.  
    .
    I agree entirely with you on that point. Unfortunately given the massive reduction in available services that is easier said than done. But I do take your point, as I too have been massively guilty of having to 'go it alone' when faced with the DWP. In all of those arguments I just wasn't up to the ability needed and as such they walked away with a result
    I'm sorry to say this but sometimes having the income and/or the capital resources does in fact get you the best advice or only advice. 
  • AlexandriaUK
    AlexandriaUK Member Posts: 40 Courageous
    Hi being completely honest it sounds as though you were reassessed for your PIP benefit which you had been changed over to  andand something redflagged up that made them look at your past claims for DLA which the DWP are within their rights to do.
    If they believe you claimed it for one issue and it turns out this was not the case than they can claim the overpayment back.
    Did you perhaps receive it for something like mobility high rate and worked in an occupation where you where required to walk about a lot ? I personally would contact DWP in writing sent by registered post and ask what reason they have for the letter they sent you.
    Has your PIP benefit been suspended

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